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GC Services in Texas

Date: Sat, 04/22/2006 - 06:33

Submitted by labriska123
on Sat, 04/22/2006 - 06:33

Posts: 5 Credits: [Donate]

Total Replies: 4


Does anyone know anything about this collection service? In 2001 we bought a new truck and my grandma cosigned because we didn't have enough credit and GMAC screwed us big time. The papers we signed at the dealership were to Buy the truck not to lease the truck. Well, the dealership called us and told us we forgot to sign a couple of things and sent someone out with the papers that is where they screwed us. They said it was just warrenty papers when it was actually papers to turn it into a lease. So we let the truck go back a year later and they sold it at auction and said we were responsible for the balance. Well I made small payments 10-20 dollars a month because that was all I could pay. They turned us over to GC Services and they are very hateful and will not let us lower our payment from 100.00 I can;t afford this but they told us if we didn't pay it they would put my grandma's house up and take a loan out on it to cover the balance. They are very hateful when you talk to them and when they call they also call my grandma and get her all upset when she can't afford to pay anything and she told them this as she only draws 600.00 a month SSI. Is this legal what they are doing? I tried to talk to GMAC and tols them I would only pay them but they said I couldn't and they wouldn't accept any payments from me. Can someone help I'm desperate!! :shock:


labriska123

Hi, welcome to the forums!

This could work out, one of two ways. What was the remaining balance after the car was taken back.

If you were just leasing the car, then all you would be resonsible for is the overage on the mileage, and any noticeable damage. This would be the amount due, even though you were under the impression this was a buy, and not a lease.

If you were served with papers, and you were buying the car, did you default? I'm not sure I totally understand the terms regarding the car, and the facts regarding your amount due.

You should be able to dispute this with the collection agency. Specifically, get in contact with the dealership, the cosigner, and the creditor regarding the custody of the vehicle, and gather whatever papers or evidence they had. Somewhere should be outline what you thought were the terms.

In any event, there shouldn't be an extremely large balance left unless you were purchasing the car, and had it reposed or it was taken over by the government.

Please let us know on these questions, and any other questions you may have.

Regards-
Mike


lrhall41

Submitted by Teleport on Sat, 04/22/2006 - 16:19

( Posts: 1388 | Credits: )


The only way they would sell the vehicle at an auction and make your responsible for the balance is if you were buying the vehicle, defaulted and they repoed it...or you took it back, which is still breech of contract. Then, at that time, that is what usually happens...they sell the vehicle, and you have to cover their loss. If you are in Texas, they cannot take your grandmother's home, because the law protects your home and vehicle from creditors in Texas. At this time, GMAC cannot accept your payments, because they no longer own the contract.


lrhall41

Submitted by on Sat, 04/22/2006 - 17:03

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we live in Arkansas have no idea about the laws. The balance that was left was 8500 or maybe a little more. They told us it was a buy but when they brought out the papers after we had already signed some they had changed it to a lease which we sisn't realize thats what they had done. They reposed the truck because in a year and a half that we owned it we had already went over the mileage and they told us if we kept it till the lease was up that we would have to pay $0.50 for every mile over 36000 miles plus what was left on the truck when the lease was up and there was no way we could do that. If anyone knows where I could find out about Arkansas laws would appreciate it very much. Thanks :shock:


lrhall41

Submitted by labriska123 on Sat, 04/22/2006 - 20:40

( Posts: 5 | Credits: )


labriska123

The oringal documents, of which you should have copies to, should be the terms you follow. Do you still have any of these papers. This, in a court of law, will prove your case. If not, then the papers that list the terms they're claiming, are the ones you follow.

However, based on the information you gave, it sounds like you knew at some point they were counting the truck as a lease. During which time, the mileage should have no total affect on what you're paying. The mileage doesn't actually matter till the turn in. During the turn-in, you'll be told the balance that is due for damage, or mileage overages, and a disposal fee amount or an amount of which you can purchase the vehicle.

None the less, those original documents are what is crutial at this point. Finding those, and submitting those to the collection agency is what could land you on the winning side.

Regards-
Mike


lrhall41

Submitted by Teleport on Sat, 04/22/2006 - 20:57

( Posts: 1388 | Credits: )